Chapter 8.
The scale of degrees of wrongdoing.
Acts just and unjust being as we have described them, a man acts unjustly or justly whenever he does such acts voluntarily; when involuntarily, he acts neither unjustly nor justly except in an incidental way; for he does things which happen to be just or unjust. Whether an act is or is not one of injustice (or of justice) is determined by its voluntariness or involuntariness; for when it is voluntary it is blamed, and at the same time is then an act of injustice; so that there will be things that are unjust but not yet acts of injustice, if voluntariness be not present as well. By the voluntary I mean, as has been said before, any of the things in a man's own power which he does with knowledge, i.e. not in ignorance either of the person acted on or of the instrument used or of the end that will be attained (e.g. whom he is striking, with what, and to what end), each such act being done not incidentally nor under compulsion (e.g. if A takes B's hand and therewith strikes C, B does not act voluntarily; for the act was not in his own power). The person struck may be the striker's father, and the striker may know that it is a man or one of the persons present, but not know that it is his father; a similar distinction may be made in the case of the end, and with regard to the whole action. Therefore that which is done in ignorance, or though not done in ignorance is not in the agent's power, or is done under compulsion, is involuntary (for many natural processes, even, we knowingly both perform and experience, none of which is either voluntary or involuntary; e.g. growing old or dying). But in the case of unjust and just acts alike the injustice or justice may be only incidental; for a man might return a deposit unwillingly and from fear, and then he must not be said either to do what is just or to act justly, except in an incidental way. Similarly the man who under compulsion and unwillingly fails to return the deposit must be said to act unjustly, and to do what is unjust, only incidentally. Of voluntary acts we do some by choice, others not by choice; by choice those which we do after deliberation, not by choice those which we do without previous deliberation. Thus there are three kinds of injury in transactions between man and man; those done in ignorance are mistakes when the person acted on, the act, the instrument, or the end that will be attained is other than the agent supposed; the agent thought either that he was not hiting any one or that he was not hitting with this missile or not hitting this person or to this end, but a result followed other than that which he thought likely (e.g. he threw not with intent to wound but only to prick), or the person hit or the missile was other than he supposed. Now when (1) the injury takes place contrary to reasonable expectation, it is a misadventure. When (2) it is not contrary to reasonable expectation, but does not imply vice, it is a mistake (for a man makes a mistake when the fault originates in him, but is the victim of accident when the origin lies outside him). When (3) he acts with knowledge but not after deliberation, it is an act of injustice -- e.g. the acts due to anger or to other passions necessary or natural to man; for when men do such harmful and mistaken acts they act unjustly, and the acts are acts of injustice, but this does not imply that the doers are unjust or wicked; for the injury is not due to vice. But when (4) a man acts from choice, he is an unjust man and a vicious man.
Hence acts proceeding from anger are rightly judged not to be done of malice aforethought; for it is not the man who acts in anger but he who enraged him that starts the mischief. Again, the matter in dispute is not whether the thing happened or not, but its justice; for it is apparent injustice that occasions rage. For they do not dispute about the occurrence of the act -- as in commercial transactions where one of the two parties must be vicious -- unless they do so owing to forgetfulness; but, agreeing about the fact, they dispute on which side justice lies (whereas a man who has deliberately injured another cannot help knowing that he has done so), so that the one thinks he is being treated unjustly and the other disagrees.
But if a man harms another by choice, he acts unjustly; and these are the acts of injustice which imply that the doer is an unjust man, provided that the act violates proportion or equality. Similarly, a man is just when he acts justly by choice; but he acts justly if he merely acts voluntarily.
Of involuntary acts some are excusable, others not. For the mistakes which men make not only in ignorance but also from ignorance are excusable, while those which men do not from ignorance but (though they do them in ignorance) owing to a passion which is neither natural nor such as man is liable to, are not excusable.
Chapter 9.
Can a man be voluntarily treated unjustly? Is it the distributor or the recipient that is guilty of injustice in distribution? Justice not so easy as it might seem, because it is not a way of acting but an inner disposition.
Assuming that we have sufficiently defined the suffering and doing of injustice, it may be asked (1) whether the truth is expressed in Euripides' paradoxical words:
I slew my mother, that's my tale in brief.
Were you both willing, or unwilling both?
Is it truly possible to be willingly treated unjustly, or is all suffering of injustice the contrary involuntary, as all unjust action is voluntary? And is all suffering of injustice of the latter kind or else all of the former, or is it sometimes voluntary, sometimes involuntary? So, too, with the case of being justly treated; all just action is voluntary, so that it is reasonable that there should be a similar opposition in either case -- that both being unjustly and being justly treated should be either alike voluntary or alike involuntary. But it would be thought paradoxical even in the case of being justly treated, if it were always voluntary; for some are unwillingly treated justly. (2) One might raise this question also, whether every one who has suffered what is unjust is being unjustly treated, or on the other hand it is with suffering as with acting. In action and in passivity alike it is possible to partake of justice incidentally, and similarly (it is plain) of injustice; for to do what is unjust is not the same as to act unjustly, nor to suffer what is unjust as to be treated unjustly, and similarly in the case of acting justly and being justly treated; for it is impossible to be unjustly treated if the other does not act unjustly, or justly treated unless he acts justly. Now if to act unjustly is simply to harm some one voluntarily, and 'voluntarily' means 'knowing the person acted on, the instrument, and the manner of one's acting', and the incontinent man voluntarily harms himself, not only will he voluntarily be unjustly treated but it will be possible to treat oneself unjustly. (This also is one of the questions in doubt, whether a man can treat himself unjustly.) Again, a man may voluntarily, owing to incontinence, be harmed by another who acts voluntarily, so that it would be possible to be voluntarily treated unjustly. Or is our definition incorrect; must we to 'harming another, with knowledge both of the person acted on, of the instrument, and of the manner' add 'contrary to the wish of the person acted on'? Then a man may be voluntarily harmed and voluntarily suffer what is unjust, but no one is voluntarily treated unjustly; for no one wishes to be unjustly treated, not even the incontinent man. He acts contrary to his wish; for no one wishes for what he does not think to be good, but the incontinent man does do things that he does not think he ought to do. Again, one who gives what is his own, as Homer says Glaucus gave Diomede
Armour of gold for brazen, the price of a hundred beeves for nine,
is not unjustly treated; for though to give is in his power, to be unjustly treated is not, but there must be some one to treat him unjustly. It is plain, then, that being unjustly treated is not voluntary.
Of the questions we intended to discuss two still remain for discussion; (3) whether it is the man who has assigned to another more than his share that acts unjustly, or he who has the excessive share, and (4) whether it is possible to treat oneself unjustly. The questions are connected; for if the former alternative is possible and the distributor acts unjustly and not the man who has the excessive share, then if a man assigns more to another than to himself, knowingly and voluntarily, he treats himself unjustly; which is what modest people seem to do, since the virtuous man tends to take less than his share. Or does this statement too need qualification? For (a) he perhaps gets more than his share of some other good, e.g. of honour or of intrinsic nobility. (b) The question is solved by applying the distinction we applied to unjust action; for he suffers nothing contrary to his own wish, so that he is not unjustly treated as far as this goes, but at most only suffers harm.
It is plain too that the distributor acts unjustly, but not always the man who has the excessive share; for it is not he to whom what is unjust appertains that acts unjustly, but he to whom it appertains to do the unjust act voluntarily, i.e. the person in whom lies the origin of the action, and this lies in the distributor, not in the receiver. Again, since the word 'do' is ambiguous, and there is a sense in which lifeless things, or a hand, or a servant who obeys an order, may be said to slay, he who gets an excessive share does not act unjustly, though he 'does' what is unjust.
Again, if the distributor gave his judgement in ignorance, he does not act unjustly in respect of legal justice, and his judgement is not unjust in this sense, but in a sense it is unjust (for legal justice and primordial justice are different); but if with knowledge he judged unjustly, he is himself aiming at an excessive share either of gratitude or of revenge. As much, then, as if he were to share in the plunder, the man who has judged unjustly for these reasons has got too much; the fact that what he gets is different from what he distributes makes no difference, for even if he awards land with a view to sharing in the plunder he gets not land but money.
Men think that acting unjustly is in their power, and therefore that being just is easy. But it is not; to lie with one's neighbour's wife, to wound another, to deliver a bribe, is easy and in our power, but to do these things as a result of a certain state of character is neither easy nor in our power. Similarly to know what is just and what is unjust requires, men think, no great wisdom, because it is not hard to understand the matters dealt with by the laws (though these are not the things that are just, except incidentally); but how actions must be done and distributions effected in order to be just, to know this is a greater achievement than knowing what is good for the health; though even there, while it is easy to know that honey, wine, hellebore, cautery, and the use of the knife are so, to know how, to whom, and when these should be applied with a view to producing health, is no less an achievement than that of being a physician. Again, for this very reason men think that acting unjustly is characteristic of the just man no less than of the unjust, because he would be not less but even more capable of doing each of these unjust acts; for he could lie with a woman or wound a neighbour; and the brave man could throw away his shield and turn to flight in this direction or in that. But to play the coward or to act unjustly consists not in doing these things, except incidentally, but in doing them as the result of a certain state of character, just as to practise medicine and healing consists not in applying or not applying the knife, in using or not using medicines, but in doing so in a certain way.
Just acts occur between people who participate in things good in themselves and can have too much or too little of them; for some beings (e.g. presumably the gods) cannot have too much of them, and to others, those who are incurably bad, not even the smallest share in them is beneficial but all such goods are harmful, while to others they are beneficial up to a point; therefore justice is essentially something human.
Chapter 10.
Equity, a corrective of legal justice.
Our next subject is equity and the equitable (to epiekes), and their respective relations to justice and the just. For on examination they appear to be neither absolutely the same nor generically different; and while we sometime praise what is equitable and the equitable man (so that we apply the name by way of praise even to instances of the other virtues, instead of 'good' meaning by epieikestebon that a thing is better), at other times, when we reason it out, it seems strange if the equitable, being something different from the just, is yet praiseworthy; for either the just or the equitable is not good, if they are different; or, if both are good, they are the same.
These, then, are pretty much the considerations that give rise to the problem about the equitable; they are all in a sense correct and not opposed to one another; for the equitable, though it is better than one kind of justice, yet is just, and it is not as being a different class of thing that it is better than the just. The same thing, then, is just and equitable, and while both are good the equitable is superior. What creates the problem is that the equitable is just, but not the legally just but a correction of legal justice. The reason is that all law is universal but about some things it is not possible to make a universal statement which shall be correct. In those cases, then, in which it is necessary to speak universally, but not possible to do so correctly, the law takes the usual case, though it is not ignorant of the possibility of error. And it is none the less correct; for the error is in the law nor in the legislator but in the nature of the thing, since the matter of practical affairs is of this kind from the start. When the law speaks universally, then, and a case arises on it which is not covered by the universal statement, then it is right, where the legislator fails us and has erred by oversimplicity, to correct the omission -- to say what the legislator himself would have said had he been present, and would have put into his law if he had known. Hence the equitable is just, and better than one kind of justice -- not better than absolute justice but better than the error that arises from the absoluteness of the statement. And this is the nature of the equitable, a correction of law where it is defective owing to its universality. In fact this is the reason why all things are not determined by law, that about some things it is impossible to lay down a law, so that a decree is needed. For when the thing is indefinite the rule also is indefinite, like the leaden rule used in making the Lesbian moulding; the rule adapts itself to the shape of the stone and is not rigid, and so too the decree is adapted to the facts.
It is plain, then, what the equitable is, and that it is just and is better than one kind of justice. It is evident also from this who the equitable man is; the man who chooses and does such acts, and is no stickler for his rights in a bad sense but tends to take less than his share though he has the law oft his side, is equitable, and this state of character is equity, which is a sort of justice and not a different state of character.
Chapter 11.
Can a man treat himself unjustly?
Whether a man can treat himself unjustly or not, is evident from what has been said. For (a) one class of just acts are those acts in accordance with any virtue which are prescribed by the law; e.g. the law does not expressly permit suicide, and what it does not expressly permit it forbids. Again, when a man in violation of the law harms another (otherwise than in retaliation) voluntarily, he acts unjustly, and a voluntary agent is one who knows both the person he is affecting by his action and the instrument he is using; and he who through anger voluntarily stabs himself does this contrary to the right rule of life, and this the law does not allow; therefore he is acting unjustly. But towards whom? Surely towards the state, not towards himself. For he suffers voluntarily, but no one is voluntarily treated unjustly. This is also the reason why the state punishes; a certain loss of civil rights attaches to the man who destroys himself, on the ground that he is treating the state unjustly.
Further (b) in that sense of 'acting unjustly' in which the man who 'acts unjustly' is unjust only and not bad all round, it is not possible to treat oneself unjustly (this is different from the former sense; the unjust man in one sense of the term is wicked in a particularized way just as the coward is, not in the sense of being wicked all round, so that his 'unjust act' does not manifest wickedness in general). For (i) that would imply the possibility of the same thing's having been subtracted from and added to the same thing at the same time; but this is impossible -- the just and the unjust always involve more than one person. Further, (ii) unjust action is voluntary and done by choice, and takes the initiative (for the man who because he has suffered does the same in return is not thought to act unjustly); but if a man harms himself he suffers and does the same things at the same time. Further, (iii) if a man could treat himself unjustly, he could be voluntarily treated unjustly. Besides, (iv) no one acts unjustly without committing particular acts of injustice; but no one can commit adultery with his own wife or housebreaking on his own house or theft on his own property,
In general, the question 'can a man treat himself unjustly?' is solved also by the distinction we applied to the question 'can a man be voluntarily treated unjustly?'
(It is evident too that both are bad, being unjustly treated and acting unjustly; for the one means having less and the other having more than the intermediate amount, which plays the part here that the healthy does in the medical art, and that good condition does in the art of bodily training. But still acting unjustly is the worse, for it involves vice and is blameworthy -- involves vice which is either of the complete and unqualified kind or almost so (we must admit the latter alternative, because not all voluntary unjust action implies injustice as a state of character), while being unjustly treated does not involve vice and injustice in oneself. In itself, then, being unjustly treated is less bad, but there is nothing to prevent its being incidentally a greater evil. But theory cares nothing for this; it calls pleurisy a more serious mischief than a stumble; yet the latter may become incidentally the more serious, if the fall due to it leads to your being taken prisoner or put to death the enemy.)
Metaphorically and in virtue of a certain resemblance there is a justice, not indeed between a man and himself, but between certain parts of him; yet not every kind of justice but that of master and servant or that of husband and wife. For these are the ratios in which the part of the soul that has a rational principle stands to the irrational part; and it is with a view to these parts that people also think a man can be unjust to himself, viz. because these parts are liable to suffer something contrary to their respective desires; there is therefore thought to be a mutual justice between them as between ruler and ruled.
Let this be taken as our account of justice and the other, i.e. the other moral, virtues.